Monday, April 07, 2014

Excellent comment by Andrew Bridges on proposed "making available" right


Andrew Bridges is the fine California attorney who wrote one of the great amicus curiae briefs in Elektra v. Barker, and also wrote an excellent request to file amicus curiae brief in Capitol Records v. ReDigi.

Recently, he submitted this outstanding comment to the Copyright Office on the subject of "making available".

Response of Andrew P. Bridges to the Request for Comments for the Study on the Right of “Making Available.”

Sunday, March 23, 2014

"Florida Judge dismisses a Malibu case because Lipscomb failed to establish a connection between an IP address and person" ~ @FightCopyTrolls


Good article on the Fight Copyright Trolls website:
Florida Judge dismisses a Malibu case because Lipscomb failed to establish a connection between an IP address and person
We saw it coming: in less than two months in the Southern District of Florida, a venue where copyright troll Keith Lipscomb’s command and control is located,

Judge Federico Moreno ruled that there is no “good cause” to deviate from Rule 26(d), thus denying early discovery in Malibu Media v. John Doe, 14-cv-20216;

Magistrate Frank Lynch also denied Lipscomb’s motion for ex-parte discovery citing untimely copyright registrations in Malibu Media v. John Doe, 13-cv-14458;

Magistrate Andrea Simonton recommended to sanction Lipscomb in Malibu Media v. Pelizzo, 12-cv-22768;

Judge Ursula Ungaro denied Lipscomb’s routine motion for extension of time to serve the defendant and closed Malibu Media v. John Doe, 13-cv-23714.

In the latter case, on 10/29/2013 the judge sua sponte ordered to show cause why the Court may reasonably rely upon the Malibu’s usage of geolocation to establish the identity of the defendant (and also establish that the defendant may be found within this district).

Lipscomb responded on 11/12/2013, and apparently satisfied Magistrate Torres, to whom Judge Ungaro referred the case. As already mentioned, the case was closed not because of the OSC outcome, but for failure to serve the defendant.

Fast forward to March 2014. On 3/5/2014 in Malibu Media v Doe (FLSD 14-cv-20213), an identical order to show cause was issued by Judge Ursula Ungaro. Lipscomb replied, but this time he was not so lucky: .....


Complete article

Thursday, March 20, 2014

Ex-MP3tunes chief held liable in music copyright case ~ Reuters

Reuters reports:

Ex-MP3tunes chief held liable in music copyright case
By Nate Raymond

(Reuters) - The former chief executive of bankrupt online music storage firm MP3tunes was found liable Wednesday for infringing copyrights for sound recordings, compositions and cover art owned by record companies and music publishers once part of EMI Group Ltd.

A federal jury in Manhattan found Michael Robertson, the former MP3tunes chief executive, and the defunct San Diego-based company liable on various claims that they infringed on copyrights associated with artists including The Beatles, Coldplay and David Bowie.

The jurors also found MP3tunes was willfully blind to copyright infringement on its website, in what a lawyer for the recording companies suggested before the verdict would be the first ruling by a jury of its kind.
Complete article

Tuesday, March 18, 2014

Sunday, February 23, 2014

"Why YouTube's Automated Copyright Takedown System Hurts Artists" ~ TorrentFreak

Interesting article by Ben Jones at TorrentFreak:

Why YouTube's Automated Copyright Takedown System Hurts Artists
By Ben Jones
For some, getting a copyright claim on their YouTube video might be an inconvenience. For others, it’s a massive headache that ignores copyright law… in the name of enforcing copyright law.

Day in and day out automated bots detect and report millions of alleged copyright infringements, which are then processed by the receiving site without a human ever looking at them.

Needless to say, this process is far from flawless. In the past we’ve covered countless false, inaccurate, and just plain hilarious DMCA claims, but YouTube’s takedown process is particularly problematic.

Complete article

Friday, February 21, 2014

Motions for summary judgment and spoliation sanctions filed in Grooveshark case, Arista v Escape Media

In the RIAA's case against Grooveshark, Arista Records v. Escape Media, the RIAA has filed a motion for summary judgment and a motion for judgment based on spoliation of evidence.

Motion for spoliation sanctions, memorandum of law
Motion for summary judgment, memorandum of law

Capitol Records v MP3 Tunes, trial to start Tuesday February 25th in Manhattan


The trial in Capitol Records v. MP3 Tunes is scheduled to begin Tuesday, February 25th, in Manhattan, at the federal courthouse located at 500 Pearl St., New York, NY 10007-1312, courtroom 20B.

Tuesday, February 04, 2014

Motion to sever and dismiss granted in Killer Joe Nevada v Does 1-39

Hat tip to Ernesto at TorrentFreak:

In Killer Joe Nevada v. Does 1-39, and four similar BitTorrent downloading cases, in the Southern District of Iowa, the cases were dismissed and severed as to all defendants other than Doe 1, by District Judge Stephanie M. Rose. Doe #18 in one of the cases had moved to sever and dismiss. The court granted that Doe's motion, and sua sponte severed and dismissed in the other cases as well.

December 20, 2013, Decision, Severing and Dismissing as to Does 2-39, Hon. Stephanie M. Rose, US District Judge

Commentary & discussion:

TorrentFreak